Order on Gratuity in HDFC Bank May Hit Corporates - Mint (06-Mar-2023)

Dinesh Divekar
Dear all,

Please click the following link to refer to the above-mentioned news:

https://www.livemint.com/news/india/order-on-gratuity-in-hdfc-bank-case-may-hit-corporates-11678040053929.html

Thanks,

Dinesh Divekar
nanu1953
Order on HDFC Bank Gratuity basically moves towards the definition of wages as per the new labor codes, which is the same in all four codes. On the safe side, it may include only Basic, DA, and HRA in the monthly gross and no other components.

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Madhu.T.K
The issue is not the definition of wages under any code but the treatment. I am also expecting my case to be decided soon from the same authority. I have written in my blog some four years back about how to treat the wages for gratuity. The same is available at the following link. Please follow the link.

Madhu T K: Payment of Gratuity and Gratuity Qualifying Salary

The Personnel Managers have been quoting the Supreme Court verdict in Strawboard Manufacturing Vs Workmen in support of their calculation that it is basic and DA alone to be taken for gratuity calculation. In this case, Justice V R Krishna Iyyer has said gratuity is payable on Basic and DA and nothing else. But this is a case of interpretation of a gratuity scheme of the Industrial Tribunal and not the Payment of Gratuity Act. The case pertained to a period prior to the passing of the Payment of Gratuity Act in 1972. The case was started in 1958, but the verdict came from the Supreme Court in 1978, i.e., after the enactment of the Act. However, there were references only of the Tribunal's gratuity scheme. The contention was whether DA will qualify for gratuity or not. The question of other allowances did not arise then.

My view is that if you have a salary agreed upon, it should be remuneration payable, and whatever bifurcation the employer is making is irrelevant. It is interesting that for deducting one day leave without pay, the employer will take the entire salary, but for other matters like the calculation of gratuity, they will take only Basic pay. When there is nowhere stated in the Act that only basic pay will decide the amount of gratuity, the calculation of gratuity based on basic pay is totally wrong.
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